Archer v. New York, New Haven & Hartford Railroad
New York Court of Appeals
Appeal from a judgment of the supreme court, general term, first department, affirming a judgment entered upon a verdict rendered by a jury in favor of the plaintiff! at the New York county circuit, and also affirming an order denying a motion for a new trial on the judge’s minutes. The facts appear sufficiently in the opinion.
1Opinion of the Court
It is impossible to read the charge with which the learned trial judge submitted this case to the jury without a strong conviction that his judgment hesitated upon the verge of a nonsuit, which we think he should have granted. He may have believed that, with the clear demonstration which he gave of the plaintiff's failure to show directly or by reasonable inference that the conduct of deceased was free from negligence contributing to the injury, the jury would render an appropriate verdict upon the question submitted as one of fact. The result, however, was, as commonly happens, in favor of…
2Cases cited1 opinion
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
3Cited by11 opinions
- Young v. Southern Pacific Co.California Supreme Court · 1922
- Headley v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1915
- Bowen v. New York Cent. & H. R. R.New York Supreme Court · 1895
- Hamilton v. Third Avenue RailroadNew York Court of Common Pleas · 1894
- Purdy v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895
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